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What are my legal rights when Liberty Mutual is saying I was 10% to blame for a wreck their client takes 100% blame for?

Houston, TX | May 23, 2011 5:51pm

I was leaving a parking lot and an officer motioned with his hand for me to stop to allow a wrecker to move a car. While sitting at a stop a car back up from his parking space and hit my front right bumper. His Insurance company Liberty Mutual is now telling me that they will only cover 90% because I was 10% responsible for not trying to avoid the accident. I did not see the guy backing up, I had an officer standing about a car link ahead of me directing a wrecker and a truck behind me. There was no way that I could of done anything to avoid the wreck. The guy that hit me said that he didn't see me or the officer and took full blame. How can Liberty Mutual say that I was 10% at fault. How can someone that wasn't even at the scene know what happened to make a judgement call?

If you have comprehensive automobile insurance coverage, I would contact your insurance company immediately and let the two involved insurance companies sort out who is at fault and get your car damage fixed.

The information provided is general in nature based on the limited information provided and does not constitute an attorney client relationship. This attorney is licensed only in the State of Washington and is not rendering you legal advice. The information given is for educational purposes only. The best advice would be to consult with an attorney in your local jurisdiction for answers and opinions based on specific and more detailed information relevant to your case specific question and the relevant laws in your area.

Let your insurance sort it out. If you do not carry collision insurance, write a complaint to the Texas Insurance Commission. On your facts, you CANNOT be at fault.

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Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:
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Liberty Mutual which is part of Safeco now is getting worse and worse to deal with in my experience. The claims adjuster comes up with ways to find a % fault against you even in clear liability situations like yours.

I agree that if you have collision coverage, go through your own company and let them try to recover your deductible for you. You will be out your deductible initially but ultimately, I 'm sure you'll get your deductible back as well.

The 2 insurance companies will go through intercompany arbitration to decide the issue.

We have seen this before, typically from a low-level property damage ajuster. If you stick by your guns, you may be able to get them to take 100% responsibility. I agree that you should let your insurance company sort it out if possible. It is unlikely that a complaint to the Texas Department of Insurance will do much good, but you should still document what they are doing. You can make a complaint online. I have attached the link.

The answer provided is for general informational purposes only. You are strongly advised to contact an attorney in your jurisdiction to get their best advice. No attorney-client relationship has been formed and you should contact your own attorney as soon as possible to avoid delay.